Chapter II: Part 2

And Wee did further by Our said Letters, for Us, Our Heires and Successours, give and grant unto the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes, and to all and every person and persons, which by them or any of them, by writing under their or any of their hands and Seales, should bee in that behalfe deputed and assigned, full power and authoritie during the terme aforesaide, as well to bee present and to have place in all manner of Custome-houses, Ports, Havens, Creeks and places of lading or unlading of any manner of Goods, Wares or Merchandizes, into or out of the said Realmes and Dominions: As also to be present with all and every the Customers, Collecters, Searchers, Surveyers, Waiters, and other Officers and Ministers having charge for or concerning the lading or unlading of any Goods, Wares or Merchandizes, for their better executing of all and everything and things thereby appointed, and for their better receiving and enjoying of the benefit of Our said Grant at all times and places, where the said Officers and Ministers or any of them, should by reason of their said severall Offices have cause or occasion to be: And also in all and every place or places, as well in Ships arrived with Tobacco, and riding in any Port, Roade or River, as on the Land, to make and appoint such and so many Watchmen, Waiters and Officers, and to provide and use such reasonable waies, orders and meanes, as they the said Francis Nichols, Jasper Leake and Philip Eden, and their Assignes and Deputies should and might be just and truely informed of all parcels and quantities of Tobacco, as should at any time or times during the said Grant, be brought into any Port or place, or be planted or growing in any place or places of the said Realmes and Dominions or any of them.

And also that it should and might be lawfull, to and for the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and their and every of their Deputies and Substitutes, at all and every time and times during the terme aforesaid, in lawfull and convenient maner, with a Constable or other Officer of the place, as well to goe on board, view, and survay all Shippes, Vessels, or Bottomes, riding or lying within any of the Ports, Havens, Creekes and places of lading or unlading, within Our saide Realme of England, Dominion of Wales, Port or Towne of Barwicke, or Realme of Ireland, or any the members or places thereunto belonging, as to goe into any House, Celler, Vault, Warehouse, Shop, or other place within the said Realmes and Dominion, and Port, or Towne of Barwicke, or any part of them, or any of them to search and view if there be any Tobacco uttered, sold, or put to sale, or offered to be sold, or put to sale before the same be viewed, distinguished, and sealed contrary to the true meaning of the said Letters patents.

And We did also by the said Letters for Us, Our Heires and Successors, require, charge and Command all and singular Maiors, Shiriffes, Justices of Peace, Bailiffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Surveyors, Waiters, and all other Officers, Ministers, and Subjects whatsoever, of Us, Our Heires and Successors, as well of the said Realme of England, Dominion of Wales, and Port and Towne of Barwicke, as of the said Realme of Ireland, That they and every of them, should from time to time during the continuance of that Our graunt, be aiding and assisting to the said Francis Nichols, Jasper Leake, and Philip Eden, and their Assignes, and to every of them, their and every of their Deputie and Deputies, Substitute and Substitutes, in the due Execution of all and every the powers and authorities expressed in the said Letters Patents, upon paine of the displeasure of Us, Our Heires and Successors, and as they would answere the contrary at their perils; as by the said Letters Patents more at large appeareth.

Wee now, to the intent Our will and pleasure in the premisses may be the better knowne to all Our loving Subjects whom it may concerne, Doe hereby notifie, publish and declare the same Our pleasure, willing and commanding that all and every the premisses, be from time to time in every respect duely performed, executed and observed according to the true intent and meaning of the same Our Letters Patents. And that no person or persons doe attempt or presume to violate or infringe Our Command hereby; or by Our said Letters Patents declared or expressed, upon the paines and penalties therein contained. And We doe also hereby Charge and Command, as well all and singular Merchants, and other person and persons whatsoever, which shall import any Tobacco of what sort soever, That they cause the same to be duely entred in the Custome house belonging to the Port or place where it shall bee landed, in the name or names onely of the true proprietor or owner, proprietors or owners thereof, and not in the name or names of any other person or persons which is not the true owner thereof; As also all Our Customers and other Officers whatsoever, That they take speciall care and regard to the due performance of the same, as they tender Our pleasure, and will avoide the contrary.

Given at Theobalds the tenth day of November, in the seventeenth yeere of Our Reigne of Great Brittaine, France, and Ireland.

GOD SAVE THE KING.

Imprinted at London by Bonham Norton, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.

_2 pp. folio. There are two issues varying only in set-up. Copies in Antiq., Camb., I. T., P. C., P. R. O., and Q. C._

1619, December 30.

[Forbidding Planting of Tobacco in England.]

BY THE KING.

A PROCLAMATION TO RESTRAINE THE PLANTING OF TOBACCO IN ENGLAND AND WALES.

It is not unknowen what dislike Wee have ever had of the use of Tobacco, as tending to a generall and new corruption, both of mens bodies and maners: Neverthelesse it is of the two, more tolerable, that the same should be imported amongst many other vanities and superfluities which come from beyond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome: For which purpose by Our direction, Letters of late have beene addressed from our Councell of State, prohibiting the plantation thereof within a certaine distance of Our City of London: But entring into further consideration of the manifold inconveniences of suffering this nourishment of vice, (and nothing else) as a noysome and running Weede, to multiply and overspread within this Our Kingdome, Wee are resolved upon many and weightie reasons of State, to make the said Prohibition generall.

For first, Wee are informed, That whereas the use of forreine Tobacco was chiefly vented, and received in Cities and great Townes, where ryot and excesse useth to take place, it is now by the Inland plantation become promiscuous, and begun to be taken in every meane Village, even amongst the basest people.

Secondly, Wee are given to understand from divers persons of skill and experience, That the English Tobacco, howsoever some doe presume or imagine by industrie and experience to rectifie it, and make it good (wherein it is easie for opinion to doe mischiefe) yet it is certeinly in it selfe more crude, poysonous and dangerous for the bodies and healths of Our Subjects, then that that comes from hotter Climates; So that the medicinall use of Tobacco (which it is that that is onely good in it, and to be approoved) is in this kind also corrupted and infected.

Thirdly, Whereas Our Colonies and Plantations in Virginia and the Sommer Islands, (being proper and naturall Climates for that plant, and the true temper thereof) receive much comfort by the Importation thereof into this Kingdome, (which it is to be respected at least in the Interim, untill Our said Colonies may grow to yeeld better and more solide commodities) Now the said Trading from thence is and will be by the Plantation within this Realme, choaked and overthrowen.

Fourthly, Wee doe find also, that the reason that mooved Us to interdict the planting thereof neere the Citie of London, (which was in regard of the conversions of garden grounds, and rich soyled grounds from divers Roots and Herbes, fit for victuall and sustenance, unto this harmefull vanitie) extendeth likewise unto all Cities, Townes and Villages, and rather more, by how much the povertie is greater there, then here above.

And lastly, for that it doeth manifestly tend to the diminution of Our Customes, which is a thing, that although in case of good Manufactures, and necessary commodities Wee doe little esteeme; Yet where it shall be taken from Us, and no good but rather hurt thereby redound to Our people, Wee have reason to preserve.

Wee therefore intending in time to provide a remedie for this spreading evill, which hath in a very few yeeres dispersed it selfe into most parts of Our Kingdomes, doe hereby straightly charge and command all and every person and persons of what degree or condition soever, That they or any of them, by themselves, their servants, workemen or labourers, doe not from and after the second day of Februarie next, presume to sow, set, or plant, or cause to be sowen, set or planted, within this Our Realme of England, or Dominion of Wales, any sort or kinde of Tobacco whatsoever, And that they or any of them, shall not, or doe not hereafter maintaine, or continue any olde stockes, or plants of Tobacco, formerly sowen or planted, but shall foorthwith utterly destroy and roote up the same, converting and imploying the ground and soyle thereof to some other lawfull uses and purposes, as to them shall seeme best, upon paine of contempt of Our Royall commandement, to be proceeded with according to Our Lawes, and Prerogative Royall with all severitie.

And therefore, for the more due execution of the premisses, Wee doe further will, require and command all Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, and other Officers and ministers, to whom it shall or may appertaine, That they and every of them, shall from time to time diligently and carefully intend the due and exact observation of this Our Royall pleasure, And that they permit not, nor suffer any thing to be done, contrary to the true intent and meaning of this Our Proclamation, but withstand the same to their uttermost power, as they tender Our service: And further that they take order that such offenders, labourers, or workemen, as shal persist in the sowing or planting of Tobacco, in this Our Realme or Dominion of Wales, or in the maintaining or continuing any old stocks, or former plantations thereof hereafter, may be called before them, and be bound in Recognizances of good summes to Our use, to appeare in Our Court of Starrechamber, there to be prosecuted by Our Attourney generall, as contemners of Our expresse Commandement, Proclamation, and Prerogative Royall; wherein (especially in a cause of this nature) Wee will expect, and require of all Our Subjects, their due conformitie and obedience.

Given at Our Palace of Westminster the thirtieth day of December, in the seventeenth yeere of Our Reigne of Great Britaine, France and Ireland.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno MDC.XIX.

_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C._

1620, May 15.

[Forbidding Roger North's Expedition to Brazil.]

BY THE KING.

A PROCLAMATION DECLARING HIS MAJESTIES PLEASURE CONCERNING CAPTAINE ROGER NORTH, AND THOSE WHO ARE GONE FOORTH AS ADVENTURERS WITH HIM.

Whereas Roger North[1] Esquier, with divers others of Our Subjects, as Adventurers for the intended Plantation and setling of Trade and Commerce in those parts of the Continent of America neare and about the River of Amazones (which were presupposed not to be under the obedience and governement of any other Christian Prince or State) hath secretly conveyed himselfe away and hath disloyally precipitated and imbarqued himselfe, and his fellowes, and sodainly set to Sea with a pretended purpose to prosecute that designe, contrary to Our Royal pleasure and Commandement expresly signified unto him by one of Our principall Secretaries, Our Admirall of England having also refused him leave to go: We then having out of weightie considerations, and reason of State, and upon the deliberate advise of Our Privy Councell resolved to suspend and restraine the said Plantation and voyage for a time, and having thereupon streightly charged and commanded him the said North upon his duty and aleageance, that hee and his Associates should for a while surcease their Provisions, and should stay themselves and their Shipping, which they had already prepared, untill Our further pleasure should be made knowen unto them.

Wee have therefore held it fit hereby to make a publique Declaration of Our utter mislike and disavowement of this their rash, undutiful and insolent attempt; and do hereby revoke, annihilate and disanull all Power, Authoritie, jurisdiction, or Commission whatsoever, which he the said North, or any of his Complices may pretend in any sort to derive and hold from or under Us; and do hereby charge aswell him the said North, as all his Companions and followers, immediately upon the first notice that shall be given him or them of this Our pleasure, that they shall make their speedie returne directly home, with all their shipping and munitions into this Our Kingdome of England, assoone as the windes and weather shall permit them; and being heere arrived shall foorthwith present themselves in person unto some of Our Privie Councel, under paine of being heereby declared guiltie of high contempt and rebellion, in case they shall disobey this Our expresse commandement.

And Wee doe further heereby straitly require and charge aswell the Governours, as all other the Partenors and Adventurers, any wayes concerned, or interested as members of the Companie and Incorporation intended for that Plantation, as all other Merchants, Captaines, Masters, and Officers, of Ships, Saylors, Marrinors, and all other our loving subjects whatsoever, that they shall in no sort ayd or abette, nor comfort him the said North, nor any of his Complices with any supply of shipping, men, money, munition, victuals, merchandise, or other commodities or necessaries whatsoever: but that aswell all and every Our Admirals, Vice-Admirals, and other Our Officers and Commanders of Our Ships, or Pinnaces, as all other Captaines and Masters of any of Our subjects ships and vessels whatsoever, that shall happen to meete with him the saide North, or any of his Company at sea, or in any Harbour, Port, or Creeke wheresoever, shall in Our Name attach, seize, and summon him, or them, and their shipping, to returne immediately home, and shall foorthwith bring them backe to some of Our Ports of this Our Kingdome, and there commit them and their Ships to the charge of such Our Officers, as it shall respectively appertaine unto, untill Wee (having received information of their such returne, which Wee will expect from Our said Officers, who shall so stand incharged with them) shall give further order concerning them, aswell their persons as their shipping and munitions. Wherein Wee doe expresly charge and command aswell him the said North, and all his Company, Abettors, and Adherents, and all the rest of that Company and Incorporation intended, as all and every other Our Officers by Land or Sea, and all other Captaines, Masters, and Marriners in any of Our subjects ships, and all other Our loving subjects whatsoever, faithfully, diligently, and carefully to observe, doe, and performe in their severall qualities and places, that which Wee have heereby required of them, according to every of their duties, charges, and imployments, upon paine of Our high displeasure and indignation, and as they will answere the contrarie at their uttermost perill.

Given at Our Manour of Greenwich this fifteenth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.

_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xvii, 215._

FOOTNOTE:

[1] Capt. Roger North, who had been a member of Raleigh's unfortunate expedition to Guiana, petitioned the King in 1619 for letters patent authorizing him to establish the King's right to the coast and country adjoining the Amazon River and to found a Plantation there. On April 18, 1619, the Privy Council authorized the Solicitor General to prepare a bill for granting him privileges for a Plantation which should "extend from the River of Wyapoco [Oyapok] to five degrees of southerly latitude, from any part or branch of the River of Amazons otherwise called Oreliana and for longitude into the Land to be limited from sea to sea." This was then esteemed to be part of Guiana, but is now territory of Brazil. Provided with a passport, but without express leave from the King, North sailed from Plymouth in May, 1620. The King, inspired by the remonstrances of Spanish agents, then issued the proclamation of recall. Although his cruise prospered, his ship being "well fraught" with 7000 pounds of tobacco, he returned to England as soon as he heard of the warrant against him. He was imprisoned in the Tower in January, 1621, and his cargo was confiscated. He soon succeeded in obtaining his release and later made good his claim to the restitution of the tobacco (see _Acts of Privy Council, Colonial_, i, 23-48; _Calendar of State Papers, Colonial, 1574-1660_; _Dict. of National Biography_, xli, 174.)

1620, May 27.

[Manufacture of Tobacco-pipes.]

BY THE KING.

A PROCLAMATION COMMANDING CONFORMITY TO HIS MAJESTIES PLEASURE, EXPRESSED IN HIS LATE CHARTER TO THE TOBACCO-PIPE-MAKERS.

Whereas divers of the poorer sort of Our Subjects have heretofore lived by the trade of making Tobacco pipes, but for want of power to retaine and keepe their Apprentices and servants in due obedience, and to restraine others from intruding upon their Arte, the auncient Makers have not so well prospered as was desired: For prevention of which inconveniences, and for reducing the workemen in that trade to such a competent number, as they might bee governed after the example of other Societies, who florish by ranging themselves under good Orders; We did by Our late Charter Incorporate a selected number of the most ancient, and such others as they for skill and honestie should admit into their Socitie: Thereby prohibiting all others who were not members thereof, to make any sort of Tobacco-pipes within Our Realme of England or Dominion of Wales; And thereby also commanding, that no person or persons directly, or indirectly should buy Tobacco-pipes to sell againe, of, or from the hands of any others then the knowne Members of the said Societie. Yet neverthelesse being lately informed by Certificate from sundry Our Justices of Peace of Our Counties of Middlesex and Surrey (who in due obedience of Our Royall pleasure, declared in Our said Charter, did in person assist the execution of the same) That divers lewde and obstinate offenders, had fortified themselves in their houses with weapons, And in contempt of Our Regall Authority resisted them, comming with the severall Warrants of the Lord Chiefe Justice of Our Bench, and other the Justices of Peace within Our Citie of London, and the said counties of Middlesex and Surrey; And also that there were divers il disposed persons (who delighting to oppose al good orders) contemptuously maintained these underhand offendors, some by harboring the unlawfull Makers of Tobacco-pipes secretly in their houses, there to make them contrary to Our Charter, to the end to partake of the stolne profit thereof; Others, by buying secretly this under-hand made ware, in contempt of Our Authority, and with an evill intent of overthrowing this Societie which we have sought to establish.

Now therefore, that by the presumptuous example of these disobedient persons, others may not be incouraged hereafter by impunity to presume to resist and contemne Our Royall Commandement in matters of greater moment, or to withstand the authority of Magistrates and government, These are to charge and straitly command, that no persons whatsoever within this Our Realme of England and Dominion of Wales shall hereafter presume to make any manner of Tobacco-pipes, but such as are or shall bee members of the said Societie: nor shall presume to harbour in their houses any Tobacco-pipe-makers to use their trade there, who are not of the said Societie; nor that any person or persons (especially who buy Tobacco-pipes to sell againe) shall at any time, or in any place buy or obtaine by any meanes, directly or indirectly any Tobacco-pipes whatsoever, from any under-handmakers or others, but only from such as are knowne members of the said Societie, and that at their common Hall, or other knowne Warehouses appointed, or hereafter to bee appointed, where they may bee bought by all Our loving Subjects, upon paine of Our high displeasure, and such punishments as are due for such contempts, whereof We shall require a strict account by proceeding against the offendours in Our Court of Starre-Chamber.

Further commanding, that if at any time heereafter any person shall bee so audacious as to fortifie themselves in their houses, or in the houses of any other, or to withstand Our will and pleasure heerein, or to resist Our authoritie given and imparted to Our Lord chiefe Justice and others, in the search or apprehension of them, or any of them; Then Wee doe heereby will and require, that sufficient power be had and taken by such who shal have such Warrants, to apprehend such obstinate and contemptuous persons, and to carry them before Our said chiefe Justice, or other Justice of the Peace, that punishment may be inflicted on them in the severest manner Our Lawes will permit by imprisoning their bodie, till they have put in sufficient suretie for their good behaviour afterwards. Heereby further, straitly charging Our Atturney generall for the time being, that he cause all and every such wilfull and disobedient persons, for such their high contempt in this behalfe, to be prosecuted in Our Court of Starre-Chamber (where Our will is they shall bee sharpely punished) according to the measure of such their audacious and bold resistance of Our Royall commandement. And to the intent that these fraudes and abuses may the better be found out and punished, Our pleasure is, that it shall and may bee lawfull for any two, or more of the said Societie, together with a lawfull officer to enter into any suspected place or places, at lawful and convenient times, there to search for, and finde out any under-hand made, or sold Tobacco-pipes; And all such so found to seize, take, and carry away, and them safelye to keepe to bee disposed of, according to the tenor of Our sayd Charter.

And lastly, for the full execution of this Our Royall Commandement, Wee will and require the Lord Maior of our Citie of London, for the time being, and all other Maiors, Shiriffes, Justices of Peace, Bailiffes, Constables, and all other Officers and Ministers whatsoever; That they and every of them in their severall Offices and places, bee from time to time ayding and assisting to the Master, Wardens, and Societie of Tobacco-pipe makers in the due execution and accomplishment of this Our Royall will and Commandement, as they tender Our pleasure, and will answere the contrary at their perill.

Given at Our Court at Theobalds the seven and twentieth day of May, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.

_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls._

1620, June 29.

[Restraining Disorderly Trading in Tobacco.]

BY THE KING.

A PROCLAMATION FOR RESTRAINT OF THE DISORDERED TRADING FOR TOBACCO.

Whereas Wee, out of the dislike Wee had of the use of Tobacco, tending to a generall and new corruption both of mens bodies and maners, and yet neverthelesse holding it of the two more tolerable, that the same should be imported amongst many other vanities and superfluities, which came from beyond the Seas, then permitted to be planted here within this Realme, thereby to abuse and misimploy the soile of this fruitfull Kingdome, did by Our Proclamation dated the thirtieth day of December now last past straitly charge and commaund all and every person and persons, of what degree or condition soever, That they or any of them by themselves, their servants, workemen or labourers should not from and after the second day of February then next following, presume to sow, set or plant, or cause to be sowen, set or planted within this Our Realme of England, and the Dominion of Wales, any sort or Kinde of Tobacco whatsoever, and that they, or any of them, should not maintaine or continue any olde stockes or plants of Tobacco formerly sowen or planted, but should forthwith utterly destroy and root up the same. And whereas We have taken into Our Royall consideration as well the great waste and consumption of the wealth of Our Kingdomes, as the endangering and impairing the health of Our Subjects, by the inordinate libertie and abuse of Tobacco, being a weede of no necessary use, and but of late yeeres brought into Our Dominions, and being credibly informed, that divers Tobacconists, and other meane persons taking upon them to trade and adventure into the parts beyond the Seas for Tobacco, to the intent to forestall and engrosse the said commoditie, upon unmerchantlike conditions, doe transport much Gold bullion and Coyne out of Our Kingdomes, and doe barter and vent the Staple commodities of Our Realme at under-values, to the intent to buy Tobacco, to the discredit of Our native merchandizes, and extreame enhansing of the rates and prices of Tobacco, and the great disturbance and decay of the Trade of the orderly and good Merchant: We taking the premisses into Our Princely consideration, and being desirous to put a remedie to the said inconveniences, which Wee have long endeavoured, though with lesse effect then Wee expected, have resolved to make some further redresse, by restraining the disordered traffique in that commoditie, and reducing it into the hands of able persons that may manage the same without inconvenience, whereby the generall abuse may be taken away, and the necessary use (if any be) may be preserved. We doe therefore not only by these presents, straitly charge and commaund, That Our said Proclamation restraining the planting of Tobacco, be in every respect observed and performed according to the tenour thereof, upon the penalties therein contained; but also that no person or persons whatsoever, Englishmen, Denizens or Strangers, (other then such as shall be authorized and appointed thereunto by Letters Patents under Our great Seale of England) doe import or cause to be imported into this Our Realme of England or Dominion of Wales, or any part of them or either of them, any Tobacco, of what nature, kind, or sort soever, after the tenth day of July next ensuing the date hereof, from any the parts beyond the Seas, upon paine of forfeiture to Us of all such Tobacco so to be imported contrary to the true meaning of these Presents, and upon such further paines and penalties as by the Lawes and Statutes of this Realme, or by the severitie or censure of Our Court of Starrechamber may be inflicted upon the offendors, for contempt of this Our Royall command. And likewise that no Master, Merchant, or Purser of any Ship or other Vessell, doe at any time or times after the said tenth day of July, presume or attempt to take into their ships to be imported into this Realme and Dominion, or either of them, any sort, maner, or quantity of Tobacco whatsoever, but onely to the use of such person and persons as shalbe so as aforesaid authorized and appointed under Our great Seale of England to import the same, and which shalbe by them, their deputies, servants or factors delivered to the said Masters, Merchants or Pursers of Ships to be imported, upon the paines and penalties aforesaid.

And to the intent that no such offendor may colour or hide his offence and contempt, by shadowing the Tobacco to be brought in, contrary to Our pleasure before expressed, under pretence of former store, We doe hereby signifie and declare Our will and pleasure, and doe straitly charge and command, That all and every person and persons which now have, or hereafter shall have within or neere the Cities of London or Westminster, in their hands, custody or possession, any Tobacco heretofore imported, or hereafter and before the said tenth day of July now next ensuing to be imported into this Realm, amounting to the quantitie of ten pounds weight or above, shall before the said tenth day of July now next comming, bring the same unto the house commonly called, The Hawke and Feasant, situate in Cornehill in the said citie of London, and shall cause the same to be there sealed and marked by such person and persons, and with such marke or Seale as by Us shalbe for that purpose assigned and appointed, without giving any Fee or allowance for the said Seale or marke.

And to the intent that the Tobacco to be hereafter imported by Warrant or Authoritie under Our great Seale, may be knowen and distinguished from such as shall be secretly and without Warrant brought in by stealth, We doe likewise charge and command, that all such Tobacco as from and after the said tenth day of July shall be imported by force of any such warrant or Authoritie and none other, except the old store aforesaid to be sealed as aforesaid, shall be sealed and marked with such Seale and marke as aforesaid. And we doe hereby prohibite all person and persons from and after the said tenth day of July, to buy, utter, sell or vent within the said Kingdome and Dominion, or either of them, any Roll or other grosse quantitie of Tobacco whatsoever, before the same be so as aforesaid marked or sealed, upon paine of forfeiture unto Us of all such Tobacco so bought, uttered, solde or vented contrary to the intent of these Presents, and upon such further penalties as by Our Lawes, or by the censure of Our Court of Starrechamber may be inflicted upon the offenders, as contemners of Our Royall command.

And for the better execution of this Our Pleasure, Wee doe hereby command all and singular Customers, Comptrollers, Searchers, Waiters, and other officers attending in all and every the Ports, Creeks, or places of lading or unlading, for the taking, collecting, or receiving of any Our Customers, Subsidies or other duties, to take notice of this Our pleasure: and We do hereby command, and give power and authority unto them, and every or any of them, from time to time, as well to search any Ship or other Vessell or Bottome, riding or lying within any Port, Haven or Creeke within their severall charge and place of attendance, for all Tobacco imported contrary to the intent of this Our Proclamation, and the same being found, to seize and take to Our use; as also to take notice of the names, and apprehend the bringers in, and buyers of the same, to the end they may receive condigne punishment for their offences, upon paine that every of the said Officers which shalbe found negligent, remisse or corrupt therein, shall lose his place and entertainment, and undergoe such paines and penalties as by Our Lawes, or the censure of Our said Court of Starrechamber may be inflicted upon them for the same.

And likewise We doe hereby will, ordaine, and appoint, That it shal and may be lawfull to and for such person and persons, as shalbe so as aforesaid authorized and appointed by Letters Patents under Our great Seale, to import Tobacco by himselfe or themselves, or his or their Deputie or Deputies, with a lawfull Officer to enter into any suspected places at lawfull and convenient times, and there search, discover and finde out any Tobacco imported, uttered, solde or vented, not marked or sealed as aforesaid, contrary to the true meaning hereof, and all such Tobacco so found, to seize, take away and dispose of, and the owners thereof, or in whose custody the same shalbe found, to informe and complaine of, to the end they may receive punishment according to Our pleasure before herein declared.

And further, We doe by these Presents will and require all and singular Mayors, Sheriffes, Justices of Peace, Bayliffes, Constables, Headboroughes, Customers, Comptrollers, Searchers, Waiters, and all other Our Officers and Ministers whatsoever, That they and every of them in their severall places and offices be diligent and attendant in the execution of this Our Proclamation, and also aiding and assisting unto such person and persons, and his and their Deputies and Assignes as we shall so as aforesaid authorize and appoint to import Tobacco, aswell in any search for discovery of any acte or actes to bee performed contrary to the intent of these Presents, as otherwise in the doing or executing of any matter or thing for the accomplishment of this Our Royall Command. And lastly Our will and pleasure is, and Wee doe hereby charge and command Our Atturney generall for the time being, to informe against such persons in Our Court of Starrechamber from time to time, whose contempt and disobedience against this Our Royall command shall merit the censure of that Court.

Given at Our Manour of Greenwich the nine and twentieth day of June, in the eighteenth yeere of Our Reigne of England, France and Ireland, and of Scotland the three and fiftieth.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. Anno Dom. M.DC.XX.

_2 pp. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C. Entered on Patent Rolls. Printed in Rymer's "Foedera," xvii, 233._

1621, March 8.

[Suppressing Lotteries in Virginia.]

BY THE KING.

Whereas, at the humble suit and request of sundry Our loving and well disposed Subjects, intending to deduce a Colony, and to make a Plantation in Virginia, Wee, for the inlarging of Our Government, increase of Navigation and Trade, and especially for the reducing of the savage and barbarous people of those parts to the Christian faith, did incorporate[1] divers Noblemen, Gentlemen and others, adventurers in the sayd Plantation, and granted unto them sundry Priviledges and Liberties; amongst which, for their better helpe and assistance to raise some competent summes of money to prosecute the same Plantation to a happy end, Wee did grant them licence to set foorth, erect, and publish Lotteries, to continue for one yeere after the opening of the same, and further, during Our pleasure; which liberty hath been by the same Company put in use divers yeeres past. Now forasmuch as We are given to understand, that although Wee in granting the sayd Licence, had Our eye fixed upon a religious and Princely end and designe, yet the sayd Lotteries, having now for a long time been put in use, doe dayly decline to more and more inconvenience, to the hinderance of multitudes of Our Subjects.[2]

Wee whose care continually waiteth upon the generall welfare of Our people, have thought it expedient, for the generall good of Our Subjects, to suspend the further execution of the saide Lotteries, untill upon further deliberation and advisement, We shall be more fully informed of the inconveniences and evils thereby arising, and may ordaine due remedy for the same, without any conceit of withdrawing Our favour in any degree from the said Company or plantation, and good worke by them intended.

And therefore We doe heereby expresly charge and command the sayd Company and their successors, and all their Officers, Ministers, and Servants, and all others, That from hencefoorth they desist and forbeare, to use or execute any manner of grant or Licence from Us, for the keeping and continuing of any Lotterie, or to keepe or continue any Lotterie, within this Our Realme of England or the Dominions thereof, untill such time as Wee shall declare Our further pleasure therein. And Wee likewise require all Justices, Officers, and Ministers whatsoever, from hencefoorth, diligently and carefully to see this Our pleasure executed, and to punish the infringers thereof, as contemners of Our Royall command.

Given at Our Palace of Westminster the eighth day of March, in the eighteenth yeere of Our Reigne of Great Britaine, France and Ireland.

GOD SAVE THE KING.

Imprinted at London by Robert Barker, and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XX.

_1 p. folio. Copies in Antiq., I. T., P. C., P. R. O., and Q. C.; also John Carter Brown Library._

FOOTNOTES:

[1] The third charter to the Virginia Company, granted March 12, 1612, contained four clauses, sections xvi-xix, regarding the conduct of lotteries (Brown's _Genesis of the United States_, ii, 552).

[2] The Privy Council, upon complaint of the House of Commons, took action regarding the suspension of lotteries in Virginia on March 4, 1621 (_Acts of Privy Council, Colonial_, i, 39). For the general subject of lotteries in Virginia, see Bruce, _Economic History of Virginia_, ii, 275; Kingsbury, _Records of Virginia Company_, i, 93; Brown, _Genesis of the United States_, index; and Brown, _First Republic in America_, index. In the last reference, p. 394, this proclamation is incorrectly dated March 18. The proclamation is reproduced in fac-simile in _Three Proclamations concerning the Lottery for Virginia_, published by the John Carter Brown Library, Providence, R. I., 1907, in which volume are also reproduced a broadside of 1613 issued by the Council for Virginia regarding the drawing of the lottery and "A Declaration for the certaine time of drawing the great standing Lottery," printed February 22, 1615 [-16].

1622, November 6.

[Prohibiting Disorderly Trading to New England.]

BY THE KING.

A PROCLAMATION PROHIBITING INTERLOPING AND DISORDERLY TRADING TO NEW ENGLAND IN AMERICA.

As it hath ever beene held a principall Office of Christian Kings, to seeke by all pious meanes the advancement of Christian Religion; so the consideration thereof, hath beene a speciall motive unto Us, from time to time, as often as cause hath required, to further, by Our Royall authority, the good disposition of any of Our well affected Subjects, that have a will to attempt the discovering and planting in any parts of the World, as yet savage and unpossessed by the Subjects of any Christian Prince or State. And now for that, by Gods sacred favour, there is likely to ensue great advancement of his glory, Our Crown, and State, by reason of Our grant heeretofore made to the Counsell for the managing of the affaires of New England in America, being in breadth from forty degrees of Northerly latitude from the Equinoctiall line to forty eight degrees of the sayd Northerly latitude, and in length by all the breadth aforesayd, thorowout the maine land from Sea to Sea[1]; We cannot but continue Our speciall respect and favour unto them in their endevours, and exercise Our Royall authority against the hinderers thereof. Wherefore, having received certaine information of many and intolerable abuses offered by sundry interlopers, irregular and disobedient persons, that seeking principally their present and private profits, have not only impeached some of the Planters there, of their lawfull possessions, but also taken from them their Timber without giving any satisfaction, as in justice they ought to have done: and not therewith contented, have rined whole woods to the utter ruine of the same for ever after; as also, by casting of their ballast in the harbors of some of their Ilands, have almost made them unserviceable: And yet not so contented, by their promiscuous trading, as well Mariners as Masters with the Savages, have overthrowne the trade and commerce that before was had, to the great profit of the Planters, and which were indeed their principall hopes for the advancement of that plantation, next unto the commodities that coast affords of Fishing: Neither heerwith satisfied, but as if they resolved to omit nothing that might be impious and intolerable, they did not forbeare to barter away to the Savages, Swords, Pikes, Muskets, Fowling peeces, Match, Powder, Shot, and other warlike weapons, and teach them the use thereof; not only to their owne present punishment (divers of them being shortly after slain by the same Savages, whom they had so taught, and with the same weapons which they had furnished them withall) but also to the hazard of the lives of Our good subjects already planted there, and (asmuch as in them lay) to the making of the whole attempt it selfe (how pious and hopefull soever) frustrate, or so much the more difficult.[2] We, for reformation and prevention of these or the like evils heerafter, and for the more cleare declaration of Our Kingly resolution and just intents, both to maintayne Our Royall grant already made, and to uphold and encourage by all wayes and meanes the worthy dispositions of the undertakers of those designes, have thought fit, and doe heerby straitly charge and command, That none of Our Subjects whatsoever, (not Adventurers, Inhabitors or Planters in New England) presume from hencefoorth to frequent those Coasts, to trade or traffique with those people, or to intermedle in the woodes or freehold of any the Planters or Inhabitants (otherwise then by the licence of the sayd Counsell, or according to the orders established by Our Privy Counsell for the releese or ease of the transportation of the Colony in Virginia) upon paine of Our high indignation, and the confiscation, penalties and forfeitures in Our sayd Royall grant expressed: Leaving it neverthelesse, in the meane time, to the discretion of the sayd Counsel for New England, to proceed against the foresayd offenders according to the same, especially, seeing We finde the armes of the sayd Counsell to bee open to receive into that plantation any of Our loving Subjects, who are willing to joyne with them in the charge, and participate in the profits thereof.

Given at Our Court at Theobalds, the sixt day of November, in the yeere of Our Reigne of England, France, and Ireland, the twentieth, and of Scotland the sixe and fiftieth.[3]

GOD SAVE THE KING.

Imprinted at London by Bonham Norton and John Bill, Printers to the Kings most Excellent Majestie. M.DC.XXII.

_1 p. folio. Copies in Antiq., B. M., Dalk., I. T., P. C., P. R. O., and Q. C.; also John Carter Brown Library. Entered on Patent Rolls. Printed in Rymer's "Foedera," xvii, 416._

FOOTNOTES:

[1] The patent of November 3, 1620.

[2] These "irregular and disobedient persons" were undoubtedly the members of Thomas Weston's colony at Weymouth. The Council for New England, in May, 1622, took notice of the complaints against Weston and moved that a proclamation be secured warning those who went to New England in contempt of authority (Records in Amer. Antiquarian Society _Proceedings_ for April, 1867, p. 59). The proclamation was ordered by the Privy Council on October 23, 1622 (_Acts of the Privy Council, Colonial_, i, 55).

[3] A note on the original proclamation in the privy seal bundles, no. 1955, in the Public Record Office, reads, "I have prepared this proclamation readie for your Majesty's signature upon an order made at the Councell Board. Thomas Coventry."

1624, September 29.

[Encouraging Growth of Tobacco in Plantations.]

BY THE KING.

A PROCLAMATION CONCERNING TOBACCO.

Whereas Our Commons, assembled in Our last Sessions of Parliament, became humble Petitioners unto Us, That, for many waightie reasons, much concerning the welfare of Our Kingdome, and the Trade thereof, We would by Our Royall power, utterly prohibite the use of all foreigne Tobacco, which is not of the growth of Our owne Dominions[1]: And whereas We have upon all occasions made knowen Our dislike, We have ever had of the use of Tobacco in generall, as tending to the corruption both of the health and manners of Our people, and to that purpose have at severall times heretofore prohibited the planting of Tobacco, both in England and Wales, as utterly unfit, in respect of the Climate, to cherish the same for any medicinall use, (which is the onely good to bee approoved in it;) And at other times have also prohibited the disorderly Trading for Tobacco, into the parts beyond the Seas, as by Our severall Proclamations, published to that purpose, it may appeare. Neverthelesse, because Wee have beene earnestly and often importuned by many of Our loving Subjects, Planters and Adventurers in Virginia, and the Sommer Islands, and lately by Our Commissioners for Virginia, that We would be pleased to take into Our Royall care that part of Our Dominions, by Our Royall authoritie, and by the industrie of Our loyall Subjects, added to the rest of Our Empire, for the propagation of Christian Religion, and the ease and benefite of this populous Realme, and to consider, that those Colonies and Plantations, are yet but in their infancie, and cannot be brought to maturitie and perfection, unlesse We will bee pleased for a time to tolerate unto them the planting and venting of the Tobacco, which is, and shall be of the growth of those Colonies and Plantations; We, taking into Our Princely consideration these, and many other important reasons of State, have beene graciously pleased to condescend to the desires and humble petitions of Our loving Subjects in this behalfe.

And therefore We doe by these presents straitly charge and command, That no person whatsoever, of what degree or qualitie soever, doe at any time hereafter, import, or cause to be imported from any part beyond the Seas, or out of Our Kingdome of Scotland, into this Our Realme of England, or Dominion of Wales, or into Our Realme of Ireland, any Tobacco, which is not of the proper growth of the Plantations of Virginia, and the Sommer Islands, or one of them, upon paine of forfeiture unto Us of all such Tobacco so to be imported, contrary to the true meaning of these presents, in whose hands soever the same shall be found, and upon such further paines and penalties, as by the Lawes and Statutes of these Our Realmes, or by the severity or censure of Our Court of Starre-chamber, in either of those Kingdomes respectively, may be inflicted upon the Offendors, for contempt of this Our Royall command, and to be reputed and taken as enemies to Our proceedings, and to those Plantations which so much concerne Our Honour, and the honour and profit of these Our Kingdomes. And We further will and command, upon the penalties aforesaid, that from hencefoorth, no person or persons whatsoever, presume to sow, set, or plant, or cause, or permit, or suffer to be sowed, set, or planted, in any of his or their grounds, any Tobacco whatsoever, within these Our Realmes of England, or Ireland, or Dominion of Wales, or any Isles or places belonging thereto, or permit or suffer any old stocke, plant, or root of Tobacco formerly set, sowed, or planted there to continue, not plucked up and utterly destroyed, contrary to the tenour and true meaning of a former Proclamation, made and published by Us to that purpose, bearing date the thirtieth day of December, in the seventeenth yeere of Our Reigne of England.

And Wee further straitly charge and command, upon the paines and penalties aforesaid, That no person whatsoever, presume to buy, or sell any Tobacco, which from hencefoorth shall be imported, or brought from any the parts beyond the Seas, or from Our Realme of Scotland, which is not, or shall not be of the proper growth of the Colonies aforesaid, of Virginia, and the Sommer Islands, or one of them. And because Wee understand, that some, who intend their owne private, more then the publique, conceiving it to be probable, that We would grant the petition of Our Commons in Parliament, to prevent the effect thereof, have lately imported secretly, and by stealth, great quantities of forreigne Tobacco, for which they have payd no Subsidie, or other duety unto Us; We further will and command, under the paines and penalties aforesaid, that no person whatsoever, from, and after the five and twentieth day of March, now next ensuing, presume to sell, or offer, or put to sale within these Our Realmes or Dominion, any Tobacco, which hath beene formerly imported into this Realme, which is not of the proper growth of the Colonies, or Plantations aforesaid, or one of them, nor that any person whatsoever, willingly and knowingly, take, or use any Tobacco, from, and after the first day of May, now next ensuing, which is not, or shall not be of the proper growth of the sayd Colonies, or Plantations, or one of them. Yet, because the said forreigne Tobacco may not lie on the hands of the owners thereof, Wee are graciously pleased, that at any time, within fortie dayes after the sayd five and twentieth day of March, such forreigne Tobacco may be freely exported by any person whatsoever, without paying any Subsidie or other duetie for the same. And because no man shall pretend ignorance, and thereby endevour to excuse his offence in any of the premisses; Wee doe further charge and command, and doe hereby signifie and declare Our will and pleasure to be, that all, and every person and persons, Merchant or other, who useth to sell, or hath any purpose to sell Tobacco, who have in his, or their hands, custodie or possession, or in the hands, custodie or possession of any other by their delivery, or to their use, any Tobacco heretofore imported into this Our Realme, or planted, set, or sowen within this Realme, shall before the twentieth day of October, now next comming, bring the same into Our Custome-house, within Our Citie of London, if such Tobacco be within five miles of Our said Citie, or if such Tobacco be in any other Citie, Towne, or Place, within this Our Realme of England, or Dominion of Wales, or Realme of Ireland, shall bring the same to the Towne-house, or other fit place, which shall be to that purpose appointed by Us, in that City or Corporate Towne, neerest unto which the said Tobacco shall be, and shall before the first day of December, now next comming, there require and cause the same to be Marked and Sealed by such person or persons, and with such Seale and Marke, as We shall thereunto assigne or appoint for that purpose, without giving any fee or allowance for the said Seale or Marke, and whatsoever Tobacco shall not be Sealed or marked, as aforesaid, within the severall times aforesaid, shall be confiscate et forfeited unto Us for such their default and contempt. And for the avoyding of all deceit and abuse in disguising of forraigne Tobacco, or mingling the same with the Tobacco of Virginia, or the Sommer Islands, thereby to defraud the true intent of these presents, We further straitly charge and command, under the paines and penalties aforesaid, That no person, who is, or shall be a seller of Tobacco, shall have, or keepe ready cut, above the quantity of one pound of Tobacco at once, nor shall mingle any forraigne Tobacco, with any Tobacco of the growth of the Sommer Islands or Virginia.